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Yonkers City Court Traffic Lawyer Overview: Guest Blogger Series

photo__1310368_joe_villanueva_bw.jpgJoseph P. Villanueva, a recognized top litigator in New York State, reveals everything you always wanted to know about traffic including speeding tickets in Yonkers City Court but were afraid to ask. For readers of this blog, Mr. Villanueva has announced that all non-misdemeanor traffic matters pending in Yonkers City Court will be handled for $395.00 (plus expenses). This deal is valid through November 2011 and will expire at 12:00 am on December 1, 2011. You must mention this special offer when you call or email.

If you need assistance fighting a traffic matter (such as a speeding ticket, red light violation, or move over law violation), give us a call at 914-723-7900.

In this blog, we’ll discuss just about everything you ever wanted to know about speeding tickets but were too afraid to ask.

(Disclaimer) Remember, every case is different and as the answers may vary depending on your particular facts and circumstances. As such, we highly recommend that you contact or office for a full consultation and not rely exclusively on the information provided herein.

Where is the court located and what kind of cases are heard there?

Yonkers City Court is located at 100 South Broadway, in Yonkers, New York. The Court is sometimes referred to the “Cacace Justice Center.” It has jurisdiction over civil and criminal matters. The civil cases filed in this court are typically referred to as small claims matters. This court also has jurisdiction over landlord tenant matters.

On the criminal side, it can adjudicate all misdemeanors and some felony proceedings. It also has power to hear traffic cases such as speeding tickets, disobeying a traffic device tickets, and overweight truck tickets.

Yonkers is one of the busiest courts in the State. Their full time judges are elected for a 10 year term.

What penalties am I facing for a speed?

There are many different types of penalties that you can face from a simple speeding ticket. The penalties can range from points on your license to fines and incarceration.

Here is a quick look at the speeding point chart:

Speeding Points 01 to 10 mph over the limit 3 11 to 20 4 21 to 30 6 31 to 40 8 More than 40 11
Who prosecutes cases in Yonkers?

Traffic matters are prosecuted by the officers that issued the summons. Depending on who wrote the ticket, you may be dealing with a local Yonkers police officer, a county police officer, or state police officer.

If you are charged with a crime, your case will be prosecuted by the Westchester County District Attorney’s Office.

The ticket says I must respond in 48 hours is that true?

There has been some case law that indicates that in order to be timely and to be properly arraigned by mail, you must respond in 48 hours.

Do I need a lawyer to fight this?

While you do not “need” an attorney to fight your traffic matter, there are many benefits that you can derive from having counsel. One such benefit is that you can give your attorney the equivalent of a power of attorney and act on your behalf without you coming to court.

What is the standard of proof on a traffic ticket?

Outside of the “Traffic Violations Bureaus,” the burden of proof is on the prosecution to prove their case beyond a reasonable doubt. This can be a powerful tool if utilized properly.

Can I beat my ticket at trial?

Going to trial on a traffic matter can be impractical. From my experience, most traffic cases can be reduced or dismissed by this office thereby eliminating the need for a trial.

Can I really go to jail on a speeding ticket?

Yes. While it is unlikely that you will go to jail for speeding, it is possible. Certain charges carry a jail sentence. You must be vigilant in knowing which charges carry a possible jail sentence.

What is the Driver’s Responsibility Assessment?

The Driver’s Responsibility Assessment also referred to as a DRA, as it related to speeding tickets, is a minimum $300.00 fine assessed to motorist for accumulating 6 or more points in an 18-month period.

Can an out of state driver be given a DRA?

Yes. If you are an out of state driver and accumulate more than 6 points in New York, then you are subject to the DRA.

I received a letter from the court stating that I must appear in court for my ticket. What happens if I go to court, enter a plea but don’t have any money to pay a fine?

You need to ask the judge for more time to pay. In many cases, the court will grant a motorist a few days after the plea to pay the fine. However, your failure to pay the fine, could result in your privilege to drive being suspended.

How will a speeding ticket affect my insurance?

A speeding conviction can affect your insurance for several years after the entry of your plea. In some cases, a conviction has cost motorists hundred of dollars in insurance costs and expenses. These cost may have been avoided by retain our firm.

How long do points stay on my license?

Points will remain on your license for 18 months from the date the ticket was issued. Your points will continue to be visible on a drive’s abstract for several years after the points are returned to your license.

I received a notice of suspension for not responding to a ticket. Can I be arrested?

If you are caught driving without a license, you can be charged with a criminal misdemeanor known as Aggravated Unlicensed Driving of a Motor Vehicle (AUO). Depending on the severity of the suspension, you could be facing a felony charge AUO 1st degree under VTL 511.3.

If you charged with any type of driving with a suspended license it is important that you contact our firm immediately to find out how to fight this matter.

I just got my junior license and I am on probation. Will I lose my license if I plead guilty to a speeding ticket?

As a general rule, if you new driver or you obtained a license after a revocation, you will be on probation for 6 months. If you are convicted of a speeding ticket and some other VTL sections, your privilege to drive will be taken away from you.

If you have a matter pending in Yonkers City or the surrounding areas of Westchester County, give us a call at 914-723-7900.

Disclaimer: 

Thank you for visiting our Blog. This blog provides general information and thoughts about various employment law issues primarily in the New York Tri-State area and occasionally in other areas. You are welcome to read the posts. However, do not construe any content on this blog as legal advice or the creation of an attorney-client relationship. Again, we provide the content only for informational purposes. You should not make decisions based information on our blog since the application of the law depends on the facts and each situation may be different. In addition, the law in most jurisdictions is different and changes constantly and we make no representations that any information on our blog has been updated. The Blog should not be used as a substitute for competent legal advice from an experienced employment law attorney in your state or jurisdiction.